Commonwealth Consolidated Acts

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BANKING ACT 1959 - SECT 11CM

Disclosure allowed by APRA Act secrecy provision

  (1)   A person covered by subsection   11CI(2) in relation to a direction may disclose information that reveals the fact that the direction was made if:

  (a)   the person is:

  (i)   an APRA member (within the meaning of subsection   56(1) of the Australian Prudential Regulation Authority Act 1998 ); or

  (ii)   an APRA staff member (within the meaning of that subsection); or

  (iia)   a Financial Regulator Assessment Authority official (within the meaning of that subsection); or

  (iii)   a Commonwealth officer (within the meaning of the Crimes Act 1914 ) who is covered by paragraph   (c) of the definition of officer in subsection   56(1) of the Australian Prudential Regulation Authority Act 1998 ; and

  (b)   the information is protected information (within the meaning of subsection   56(1) of that Act), or is contained in a protected document (within the meaning of that subsection); and

  (c)   the disclosure is in accordance with a provision mentioned in paragraph   56(2)(c) of that Act.

Relationship to APRA Act secrecy provision

  (2)   Disclosure of information in relation to a direction is not an offence under section   56 of the Australian Prudential Regulation Authority Act 1998 if the disclosure is authorised by section   11CJ, 11CK, 11CL, 11CN or 11CO.



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